Class-Action Lawsuit against Disney Parks filed - CORRECTION: not class-action

[Dr_Finkelstein]

I don't think that's enough to dismiss the suit.

Two reasons. First, the video shows anecdotal cheating in a handful of circumstances, with the unproved allegation that such cheating is widespread.


Second, they raise the issue of "cheating" to question Disney's credibility. But what happens with wheelchair users or others with disabilities is really not relevant to whether these sixteen plaintiffs with cognitive disabilities have been discriminated against.

I found some links about the previous case this lawyer filed:

http://www.prweb.com/releases/2011/02/prweb5073794.htm

http://blog.wdwinfo.com/2013/02/11/disney-finally-resolves-visual-impairment-class-action/

He obviously knows how to bring a case against Disney. Whether this one succeeds should be interesting to see.

In the case of the lawsuit for the visually impaired - they may have got a settlement, but they've scorched the earth for the future (so much so that the NFB vehemently objected).

They have 16 names on the lawsuit, but how seriously they will be taken is debatable when some of the 16 freely admit to never having used the DAS or visiting Disneyland/WDW since it was implemented.

Wonder how pleased the 16 families will be when they are told they cannot set foot in Disney property while the lawsuit is in progress (I really hope this happens). Judging by the FB page, they moan about the DAS but it doesn't stop the most vociferous going almost weekly.

 

[roomthreeseventeen]

Here is a link to a blog about the lawsuit filed yesterday.

 

[morethananyonex]

Oh wow.

 

[amg35]

What a waste of resources. And money.

 

[aVASTGrl]

I just saw this. As someone who sometimes used the GAC system (I haven't been yet under DAS) I have mixed feelings. I'm not surprised by the lawsuit, but I'm also not sure that it will do any good. I'll be interested to see what happens with this, if anything.

For someone with a physical impairment like myself, I don't think it will make much of a difference, as I can sit somewhere else or take in a show while I wait for my return time, but for those with "invisible" disabilities, I can see how the new system would be a real problem.

And I don't really see how the new system really does away with the abuse...a photo ID won't stop disabled "tour guides" from using their DAS cards for paying customers as long as the customers don't mind the guides riding with them. Or am I misunderstanding the DAS procedure?

 

[morethananyonex]

I just saw this. As someone who sometimes used the GAC system (I haven't been yet under DAS) I have mixed feelings. I'm not surprised by the lawsuit, but I'm also not sure that it will do any good. I'll be interested to see what happens with this, if anything. For someone with a physical impairment like myself, I don't think it will make much of a difference, as I can sit somewhere else or take in a show while I wait for my return time, but for those with "invisible" disabilities, I can see how the new system would be a real problem. And I don't really see how the new system really does away with the abuse...a photo ID won't stop disabled "tour guides" from using their DAS cards for paying customers as long as the customers don't mind the guides riding with them. Or am I misunderstanding the DAS procedure?

What it comes down to is all Disney is not required to provide anything more than equal access, which the DAS does.

 

[smitch425]

Ridiculous! The system is supposed to provide EQUAL access, not preferred treatment, and that is what it does.

 

[SueM in MN]

It's funny that for years people claimed a GAC wasn't really front of the line access, but, if you read the lawsuit, (and I read the entire lawsuit) they are claiming that the GAC allowed them to have no waiting just ride immediately, and they're not happy with the new DAS card because it means waiting instead of immediately getting on rides. Interesting how people's statements change, isn't it.

I think this lawsuit is going to get laughed out of court. Or, Disney will cave and give them some sort of special golden ticket so they'll go away.

They claim that their kids will annoy others if they have to stand in line. BUT the DAS provides for that, doesn't it- you don't have to wait IN line, you can wait anywhere you like. So while we are all standing in a line for an hour, you can let your child walk around or you can try riding something else or you can even just sit on a bench and play on his phone.
Some have even claimed their child could hurt someone by lashing out if forced to stand in line...not acceptable, if you or someone in your party lashes out at someone they should be removed from the parks.

For most people, GACs were not front of line or immediate access.

In the early days of the GAC (Guest Assistance Card), it was very needs based; based on needs for accommodation a person had related to their disability.

Can't walk up stairs or need to use the wheelchair accessible entrance without a wheelchair? there was a specific GAC stamp for that.
Can't wait in the sun or heat? There was a specific GAC stamp for that.
Need front row seating because of vision related disabilities? There was a specific stamp for that.

There was also a stamp for alternate entry, which at one point was a quieter waiting spot. But, as Fastpass rolled out, that stamp started to be used for entry into the Fastpass line without a Fastpass.
It became the only stamp people wanted and instead of bring rare, just given out for need, it became an expectation for some people.

There was also a ‘Green Light” stamp, which gave immediate access - often thru a back entrance. This was the stamp used for children on Make a Wish and other Wish-type trips, but it is obvious from some of the comments I have read on the internet, that some of the children with autism had that stamp.
The ‘MAW-type’ access is no longer handled at the parks and Guest Relations CMs no longer have access to giving out that kind of access. It is handled directly to the family on a Wish trip thru the Wish-granting organization.

Most of us understand that what the GAC became was not what it was intended to be and is more than is required for accommodation according to the ADA.

I think it is interesting that most of the people in the lawsuit did not use DAS. Some just refused to go because the GAC was discontinued. Some got a DAS, but did not use it - just used the immediate access Fastpasses they were given and then left the park since they could not go on any other attractions immediately.

 

[aVASTGrl]

What it comes down to is all Disney is not required to provide anything more than equal access, which the DAS does.

I tend to agree with you, and like I said, from what I know about DAS, I think it does even things out for those of us with physical impairment. I thought GAC, while awesome for me, was pretty unfair for everyone else.

 

[smitch425]

What it comes down to is all Disney is not required to provide anything more than equal access, which the DAS does.

Ridiculous! The system is supposed to provide EQUAL access, not preferred treatment, and that is what it does.

Great minds...

 

[morethananyonex]

I tend to agree with you, and like I said, from what I know about DAS, I think it does even things out for those of us with physical impairment. I thought GAC, while awesome for me, was pretty unfair for everyone else.

I can totally see how the move from GAC to DAS would be disappointing to anyone who used the GAC. I mean, it's a huge change in how people who need them tour the parks. But like you said, you can recognize there's nothing lawsuit worthy about the DAS, disappointing as it may be.

Great minds...

 

[kmb584]

Ridiculous! The system is supposed to provide EQUAL access, not preferred treatment, and that is what it does.

Agreed.

 

[JimmyV]

This line really cracks me up:

...Disney has “come to disfavor the presence” of cognitive impairments in the Parks because other guests perceive Disney to be giving “preferential favoritism” to guests with cognitive impairments.

Yep. I definitely perceive Disney giving preferential treatment to other guests. How could anyone not observe this. It was right out there in the open. But so what? That happens to be a program and process that I endorse and support. And I would guess that the majority of other guests feel the same way. I am sure that there are some busy-bodies out there who complained about preferential treatment. But I don't think Disney did away with the GAC because of their looks of disapproval. Not when most people thought that this was both a kind and necessary gesture. Is this suit really trying to make out a case that Disney is trying to engineer cognitive impairments out of its parks? Attacking the company that leads the way in disability accommodation is not a good way to win friends or influence people. Good luck with that.

 

[SueM in MN]

Essentially they have pleaded that Disney has humiliated them with the procedure to obtain the DAS and that the DAS is not a reasonable accommodation because it results in their children's inability to access and enjoy the rides. They have supported that allegation with details on how each of their children has been or will be affected. Their essential argument is that their children have meltdowns because they are not able to wait to board the rides, and therefore cannot enjoy the parks. They argue that the prior system, the GAC, was a functional accommodation which prevented their children from experiencing situations which cause meltdowns.

In a motion to dismiss, the court has to accept all of the plaintiffs' allegations as true, and determine whether such facts, if proven, establish a legitimate claim.

If the case is not dismissed, then the parties must conduct discovery -- such as depositions and an exchange of documents -- to ascertain the facts, to determine if there is sufficient evidence to support the allegations, to determine if there are factual questions to submit to a jury.

I think they'll survive a motion to dismiss, but I don't believe that they'll survive the discovery process and make it to trial, primarily because Disney did its homework before implementing the DAS and has the data to show that the DAS is a reasonable accommodation.

Many of them also argued that their child needs to experience the attractions in a specific order or they will have a melt down. One said their child needed to see Snow White before leaving. So, what happens if the attraction is temporarily down or Snow White is not one of the visiting Princesses that day?

 

[1 DISNEY FAN]

The problem is neither system gac or das provided equality between everyone. They need a system that is inbetween the two.

Disneyland Paris have the right system

 

[bumbershoot]

I have no personal experience with this, except that I waited with a friend, who uses a scooter, for Buzz at Disneyland, and it took *longer* to get on than it would have done without the scooter.

But in theory I don't like that Disney changed the GAC to the DAS, especially IF it was in response to complaints by people not understanding what they were seeing, and especially IF it was because of the articles about the no doubt very tiny amount of people hiring someone with a GAC to travel with.


But...it really sounds like this group of people in the lawsuit KNOW they were getting beyond what the GAC was supposed to give them, and are annoyed that they don't get that anymore.

While I respect their right to be annoyed at that (otherwise I would be a hypocrite to miss the unfettered use of FPs), I am not sure that they, or their lawyer, has actually READ the ADA information. I mean, what they are saying they used to get it *beyond* what the program was ever supposed to give them, and this new program is more like what the law says.

 

[shoppingbou]

Since when an Autistic person cannot “browse” in a store or impulsively “grab a snack”???

My son is 4 and he is autistic and happily enjoys that in Montreal!! LOL!!

I can only imagine how overly happy he would be doing that in a store full of Disney toys or eating an ice-cream Mickey Bar!!!

Strange world we are living in

 

[Mrsjvb]

no one NEEDS 'near immediate access" whatever the hell that is supposed to be.

NO ONE *wants* to wait in any line.., Fast pass, at a QS locale, to see Pooh. physical or mental issues do not make your desire to not wait in line more special than anyone else who would rather spend that time elsewhere.


want Immediate access? fork over the money for the VIP tour or pester Disney to come up with their version of the Universal FOTL pass( at a hefty premium and make it limited to a certain number per park per day)

people got spoiled and started taking unfair advantage of an inherent flaw in the GAC which routinely sent people immediately through the FP line where applicable or sent them to the exit regardless of their actual need.

 

[jcb]

My thoughts: http://blog.wdwinfo.com/2014/04/04/new-lawsuit-attacks-disneys-new-disability-access-service/

And to be clear, this is not a class action lawsuit.

I would very much like to hear about actual DAS experiences, good and not so good.

 

[aVASTGrl]

The problem is neither system gac or das provided equality between everyone. They need a system that is inbetween the two.

Disneyland Paris have the right system

Out of curiosity, what is the DLP system?